CORAL GABLES, Fla. – Newly released surveillance video shows the moments leading up to a deadly shooting inside a Coral Gables Publix in February.
The altercation stemmed from a dispute between two men in line to buy lottery tickets.
“You can see that our client, Mr. Pineyro, is in line handling his business and the assailant comes and pushes his shopping cart into our client’s space,” said attorney Justin Shapiro, who is representing the Pineyro family.
The video shows 51-year-old Osmel Lugo-Gutierrez appearing to bring his cart right up to 49-year-old Franklyn Pineyro.
The men have words, which escalates into a physical confrontation.
The video then shows Lugo-Gutierrez appear to pull out a gun and shoot Pineyro in the chest.
“This was a preventable incident, this should not have happened at the entrance of a grocery store in this part of Miami without any security there to intervene,” said Shapiro.
Thursday morning Shapiro filed a lawsuit against Publix and the accused gunman, alleging the company failed to protect customers like Pineyro from attacks, despite employing armed security inside stores.
Video showed police taking Lugo-Gutierrez into custody following the shooting as paramedics rushed Pineyro to a hospital, where he died from his injuries, leaving behind a long-time partner and son.
“This is every family’s worst nightmare,” Shapiro said. “Mr. Pineyro was a healthy happy 49-year-old man with a beautiful 12-year-old son.”
The Pineryo family has started a GoFundMe page to help with expenses, and the page can be found by clicking here.